United States v. Miguel Pena, A/K/A Bernardo Pena
Court of Appeals for the Second Circuit
1Opinion of the Court
MAHONEY, Circuit Judge:
Defendant-appellant Miguel Pena appeals from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, entered November 30, 1990. Pena was convicted of possessing approximately two kilograms of cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) (1988). The district court refused Pena’s request for a hearing on the legality of the search that resulted in discovery of the cocaine in question, and arguably prompted subsequent incriminatory statements.
We remand for a suppression…
2Cases cited39 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- Rakas v. IllinoisSupreme Court of the United States · 1979
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- United States v. Brignoni-PonceSupreme Court of the United States · 1975
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